Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
SECTION 5
CONDITIONS OF CONTRACT
PART II: CONDITIONS OF PARTICULAR APPLICATION
TABLE OF CLAUSES
CLAUSE & SUB-CLAUSE NAMES
PAGE NO.
Definitions.................................................................................................. 6
Sub-Clause 1.1 Definitions .......................................................................................................... 6
Sub-Clause 1.6 GENDER Specific Words................................................................................. 7
Engineer & Engineer Representative ..................................................... 7
Sub-Clause 2.1 Engineer’s Duties and Authority ..................................................................... 7
Sub-Clause 2.4 Appointment of Assistants................................................................................ 8
Sub-Clause 2.7 Site Meetings...................................................................................................... 9
Sub-Clause 2.8 Minutes of Site Meetings .................................................................................. 9
Assignment and Subcontracting.............................................................. 9
Sub-Clause 4.1 Subcontracting .................................................................................................. 9
Sub-Clause 4.3 Domestic Preference.......................................................................................... 9
Contract Documents ............................................................................... 10
Sub-Clause 5.1 Language and Law.......................................................................................... 10
Sub-Clause 5.2 Priority of Contract Documents..................................................................... 10
Sub-Clause 6.3 Disruption of Progress - Contractor to Examine Designs in
Advance of the Works ............................................................................................................... 10
Sub-Clause 6.4 No Extension of Time - Contractor to Proceed with Works ...................... 11
Sub-Clause 6.5 Failure by Contractor to Submit Drawings.................................................. 11
Sub-Clause 6.6 Submission of Drawings for Approval.......................................................... 12
Sub-Clause 6.7 Metric Units ..................................................................................................... 12
Sub-Clause 7.6 Approved Drawing to be modified ................................................................ 12
Sub-Clause 7.7 Size of Drawings ............................................................................................. 12
Ethiopian Roads Authority
Page 5.1
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
General Obligations................................................................................ 13
Sub-Clause 10.1 Performance Security ....................................................................................13
Sub-Clause 10.2 Validity of the Performance Security...........................................................14
Sub-Clause 10.3 Claims under Performance Security............................................................14
Sub-Clause 10.4 Cost of Performance Security ......................................................................14
Sub-Clause 11.1 Inspection of Site............................................................................................14
Sub-Clause 11.2 Access to Data.................................................................................................14
Sub-Clause 14.1 Programme to Be Submitted.........................................................................14
Sub-Clause 14.2 Revised Programme......................................................................................15
Sub-Clause 14.3 Cash Flow Estimate to be Submitted ...........................................................16
Sub-Clause 14.5 Supplementary Program...............................................................................16
Sub-Clause 14.6 Contractor to Expose Drainage Structures .................................................17
Sub-Clause 15.1 Contractor’s Superintendent........................................................................17
Sub-Clause 15.2 Language Ability of Contractor’s Representative......................................17
Sub-Clause 16.1 Contractor’s Employees ...............................................................................17
Sub-Clause 16.3 Language Ability of Superintending Staff .................................................17
Sub-Clause 16.4 Employment of Local Personnel...................................................................18
Sub – Clause 17.2 Unauthorized Work ....................................................................................18
Sub-Clause 17.3 Notice of Setting Out .....................................................................................18
Sub-Clause 19.1 Safety, Security, and Protection of the Environment .................................18
Sub-Clause 20.4 Employer’s Risks ...........................................................................................19
Sub-Clause 21.1 Insurance of Works and Contractor’s Equipment.....................................20
Sub-Clause 21.2 Scope of Cover................................................................................................21
Sub-Clause 21.4 Exclusions .......................................................................................................21
Sub-Clause 23.1 Third Party Insurance (Including Employer’s Property)..........................21
Sub-Clause 23.2 Minimum Amount of Insurance...................................................................21
Sub-Clause 24.2 Insurance Against Accident to Workmen ...................................................22
Sub-Clause 24.3 Liaison with Police, Labour Officers, etc. ...................................................22
Sub-Clause 25.1 Evidence and Terms of Insurance................................................................22
Sub-Clause 25.5 Source of Insurance .......................................................................................22
Sub-Clause 25.6 Insurance Notices...........................................................................................22
Sub-Clause 25.7 Notification to Insurers .................................................................................23
Sub-Clause 26.2 Inspection and Audit by the Funding Agency............................................23
Sub-Clause 28.2 Royalties..........................................................................................................23
Sub-clause 28.3 Copyright........................................................................................................24
Sub-Clause 29.1 Interference with trafic and adjoining properties ......................................24
sub-clause 29.3 Reinstatement and Compensation for Damage to Persons or
Property.......................................................................................................................................25
Sub Clause 29.4 Protection of Existing Works and Services..................................................25
Sub-Clause 29.5 Protection of Survey Beacons .......................................................................26
Sub-Clause 30.5 Extraordinary Traffic .................................................................................26
Sub-Clause 30.6 Facilities for other Contractor’s .................................................................26
Page 5.2
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
Labour...................................................................................................... 27
Sub-Clause 34.3 Compensation for injury .............................................................................. 27
Sub-Clause 34.4 Costs covered ................................................................................................. 27
Sub-Clause 35.1 Returns of Labour and Contractor’s Equipment ...................................... 27
Commencement and Delays................................................................... 28
Sub-Clause 41.1 Commencement of Works ............................................................................ 28
Sub-Clause 44.1 Extension of time for Completion............................................................... 28
Sub-Clause 45.1 Restriction on Working Hours.................................................................... 31
Sub-Clause 45.2 Overtime Working ........................................................................................ 32
Sub-Clause 46.2 Monthly Progress Reports............................................................................ 32
Sub-Clause 47.3 Bonus for Early Completion ........................................................................ 32
Sub-Clause 47.4 Currency of Liquidated Damages ............................................................... 32
Sub-Clause 48.2 Taking over of Sections or Parts.................................................................. 32
Sub-Clause 48.3 Substantial Completion of Parts .................................................................. 33
Sub-Clause 49.5 Defects Liability Period of Replacements etc. ............................................ 33
Alterations, Additions and Omissions .................................................. 33
Sub-Clause 51.3 Design of Variations..................................................................................... 33
Sub-Clause 52.1 Valuation of Variations ................................................................................ 34
Sub-Clause 52.2 Power of Engineer to Fix Rates.................................................................... 35
Sub-Clause 52.3 Variations Exceeding 15 Percent ................................................................. 35
Sub-Clause 52.4 Dayworks ....................................................................................................... 35
Sub-Clause 53.1 Notice of Claims............................................................................................. 36
Sub-Clause 53.2 Contemporary Records ................................................................................ 36
Contractor’s Equipment ,Temporary Works and Materials............. 37
Sub-Clause 54.1 Contractor’s Equipment, Temporary Works, and Materials:
Exclusive Use for the Works..................................................................................................... 37
Sub-Clause 54.9 Contractor’s Responsibilities for Licenses ................................................. 37
Sub-Clause 54.10 Equipment and Plant .................................................................................. 37
Measurement ........................................................................................... 38
Sub-Clause 55.2 Omissions of Quantities ................................................................................ 38
Sub-Clause 57.1 Method of Measurement............................................................................... 38
Sub-Clause 58.5 Provisional Items........................................................................................... 38
Sub-Clause 59.3 Design Requirements to be Expressly Stated ............................................. 38
Sub-Clause 59.5 Certification of Payments to Nominated Sub-Contractors ....................... 38
Certificates and Payment ....................................................................... 39
Clause 60 Certificates and Payment......................................................................................... 39
Sub-Clause 60.1 Monthly Statements ...................................................................................... 39
Sub-Clause 60.2 Monthly Payments ........................................................................................ 40
Ethiopian Roads Authority
Page 5.3
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Sub-Clause 60.3 Materials and Plant for the Permanent Works...........................................41
Sub-Clause 60.4 Place of Payment............................................................................................42
Sub-Clause 60.5 Retention Money ............................................................................................42
Sub-Clause 60.6 Payment of Retention Money........................................................................42
Sub-Clause 60.7 Advance Payment ..........................................................................................43
Sub-Clause 60.8 Time For Payment and Interest....................................................................44
Sub-Clause 60.9 Correction of Certificates..............................................................................45
Sub-Clause 60.10 Statement at Completion.............................................................................45
Sub-Clause 60.11 Final Statement ............................................................................................45
Sub-Clause 60.12 Discharge ......................................................................................................46
Sub-Clause 60.13 Final Payment Certificate ...........................................................................46
Sub-Clause 60.14 Cessation of Employer’s Liability ..............................................................47
REMEDIES............................................................................................. 47
Sub-Clause 63.1 Default of Contractor ....................................................................................47
Sub-Clause 63.2 Valuation at Date of Expulsion....................................................................47
Sub-Clause 63.3 Payment after Expulsion ...............................................................................48
Sub-Clause 63.4 Assignment of Benefit of Agreement............................................................48
Sub-Clause 63.5 Corrupt or Fraudulent Practices..................................................................48
Special Risks............................................................................................ 48
Sub-Clause 65.2 Special Risks...................................................................................................48
Sub-Clause 65.4 Projectile, Missile ...........................................................................................49
Settlement of Disputes ........................................................................... 49
Sub-Clause 67.1 Settlement of Disputes ...................................................................................49
Notices...................................................................................................... 49
Sub-Clause 68.2 Notice to Employer and Engineer ................................................................49
Default of Employer ............................................................................... 49
Sub-Clause 69 Default of Employer .........................................................................................49
Sub-Clause 69.1 Default of Employer .....................................................................................49
Sub-Clause 69.3 Payment on Termination...............................................................................50
Sub-Clause 69.4 Contractor’s Entitlement to Suspend Work ...............................................50
Sub-Clause 69.5 Resumption of Work .....................................................................................50
Sub-Clause 69.6 Suspension of Funding Agency’s Loan or Credit .......................................50
Changes in Cost and Legislation........................................................... 51
Sub-Clause 70 Changes in Cost and Legislation .....................................................................51
Sub-Clause 70.1 Price Adjustment ...........................................................................................51
Sub-Clause 70.2 Other Changes in Cost ..................................................................................51
Sub-Clause 70.3 Adjustment Formulae....................................................................................51
Page 5.4
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
Sub-Clause 70.4 Sources of Indices and Weightings .............................................................. 52
Sub-Clause 70.5 Base, Current and Provisional Indices........................................................ 52
Sub-Clause 70.6 Adjustment after Completion ...................................................................... 53
Sub-Clause 70.7 Weightings ..................................................................................................... 53
Sub-Clause 70.8 Subsequent Legislation ................................................................................. 53
Currency and Rates of Exchange.......................................................... 54
Sub-Clause 72.2 Currency Proportions................................................................................... 54
ADDITIONAL CLAUSES..................................................................... 54
Sub-Clause 73.1 Foreign Taxation ........................................................................................... 54
Sub-Clause 73.2 Local Taxation............................................................................................... 54
Sub-Clause 73.3 Income Taxes on Staff................................................................................... 55
Sub-Clause 74.1 Illegal Payments ............................................................................................ 55
Sub-Clause 75.1 Termination of Contract for Employer’s Convenience............................. 55
Sub-Clause76.1 Restrictions On Eligibility ............................................................................ 55
Sub-Clause 77.1 Joint and Several Liability ........................................................................... 56
Sub-Clause 78.1 Importation and Use of Dangerous Materials ............................................ 56
Sub-Clause 79.1 Details to be Confidential ............................................................................ 57
Sub-Clause 80.1 Official Visitors ............................................................................................. 57
Sub-Clause 81.1 Legal Provisions ............................................................................................ 57
Ethiopian Roads Authority
Page 5.5
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
CONDITIONS OF CONTRACT
PART II: CONDITIONS OF PARTICULAR APPLICATION
DEFINITIONS
SUB-CLAUSE 1.1
DEFINITIONS
(a)
The “Funding Agency ” includes any International Financial
Agency, which lends or makes a grant to the Employer for the
execution of the mentioned project.
(i)
The Employer is the party stipulated in the Appendix to
Bid.
(iv) The Engineer is the party stipulated in the Appendix to
Bid.
Amend sub-paragraph (a) (iv) also by adding the following
words after the word “Conditions”:
“Or any other competent person appointed by the Employer, and
notified to the Contractor, to act in replacement of the
Engineer.”
Amend sub-paragraph (b) (v) of Sub-Clause 1.1 by adding the
following words at the end:
“The word ‘bid’ is synonymous with ‘tender,’ and the words
‘Appendix to Bid’ with ‘Appendix to Tender,’ and the words
‘Bid documents’ with ‘tender documents’.”
Add Sub-Clause 1.1 (f) (vii) (Add the following after ...Site.)
The aforesaid includes lands, waters, riverbeds and other places
on, under, in or through which the Works are to be carried out
including all offices, workshops or places where materials are to
be stored or used for the purposes of the Contract.
Add Sub-Clause 1.1 (g) (v):
Page 5.6
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
“(g) (v) Dates shall be construed in accordance with the
Gregorian Calendar.”
SUB-CLAUSE 1.6
GENDER
SPECIFIC WORDS
Add the following Sub-Clause 1.6
“Whenever in the Contract Documents the word ‘men’ is used
directly or as a suffix it means ‘woman’ or ‘women’ also. The
word ‘he’ includes ‘she’ also.”
ENGINEER & ENGINEER REPRESENTATIVE
SUB-CLAUSE 2.1
ENGINEER’S
DUTIES AND
AUTHORITY
With reference to Sub-Clause 2.1 (b), the following provision
shall also apply:
The Engineer shall obtain the specific approval of the Employer
before taking any of the following actions specified in Part I,
such approval to be copied to the Contractor:
(a) Consenting to the subletting of any part of the Works
under Clause 4;
(b) Certifying additional cost determined under Clause 12 or
Clause 53;
(c) Determining an extension of time under Clause 44;
(d) Issuing a variation under Clause 51, except:
(i) In an emergency situation, as reasonably determined
by the Engineer; or
(ii) If such variation would increase the Contract Price by
less than the amount stated in the Appendix to Bid;
(e) Issuing any variation, if the sum of all variations issued
has exceeded 5% of the Contract Price;
(f) Certifying payment if the Contract Price will be exceeded;
(g) Issuing any Taking-Over Certificate;
Ethiopian Roads Authority
Page 5.7
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
(h) Authorizing the use of Provisional Sums in excess of the
monetary limit for variations;
(i) Certifying additional payment under Clause 65; and
(j) Major changes to the Design and/or Specifications.
Minor changes to be notified to the Employer
within 7 days.
If, in the opinion of the Engineer, an emergency occurs
affecting the safety of life or of the Works or of an adjoining
property, he may, without relieving the Contractor of any of his
duties and responsibilities under the Contract, instruct the
Contractor to execute all such work or to do all such things as
may, in the opinion of the Engineer, be necessary to abate or
reduce the risk. The Contractor shall forthwith comply, despite
the absence of approval of the Employer, with any such
instruction of the Engineer. The Engineer shall determine an
addition to the Contract Price, in respect of such instruction, in
accordance with Clause 52 and shall notify the Contractor
accordingly, with a copy to the Employer.
SUB-CLAUSE 2.4
APPOINTMENT OF
ASSISTANTS
(Add as a paragraph to the existing clause)
Assistants and inspectors are not authorized to accept work, to
accept materials, to issue instructions, or to give advice that is
contrary to the contract. Work done or material furnished,
which does not meet the contract requirements, shall be at the
Contractor’s risk and shall not be a basis for a claim even if the
inspectors or assistants purport to change the contract.
Assistants and inspectors may advise the Contractor of any
faulty work or materials or infringements of the terms of the
contract; however, failure of the Engineer or the assistants or
inspectors to advise the Contractor does not constitute
acceptance or approval.
Page 5.8
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
SUB-CLAUSE 2.7
SITE MEETINGS
Section 5
Part II – Conditions of Particular Application
Add the following Sub-Clause 2.7:
“It is the duty of the Contractor or his Representative to
participate in the Site Meetings. The Employer and the Funding
Agency are also entitled to attend the Site Meeting through their
representatives when ever they require.
The purpose of the Site Meetings is to co-ordinate the Works
with the Contractor, to register the time in relation to the
Program and to record agreements made.
The Engineer shall arrange for the first Site Meeting where
future meetings shall be scheduled on a regular basis.”
SUB-CLAUSE 2.8
MINUTES OF SITE
MEETINGS
Add the following Sub-Clause 2.8
“Minutes of the Site Meetings should be recorded. The Minutes
of the Site Meetings shall be issued within 14 calendar days and
shall be numbered consecutively. Minutes shall be deemed to
have been received by the Contractor unless the Contractor
gives notice at the following meeting that the Minutes were not
received.
Any objections to the Minutes of a Site Meeting shall be raised
in writing prior to the succeeding Site Meeting. If the
Contractor at this time has not received the Minutes of the Site
Meeting, the objection must be given in writing to the Engineer
not later than seven (7) working days after the subsequent
receipt of the said Minutes.”
ASSIGNMENT AND SUBCONTRACTING
SUB-CLAUSE 4.1
SUBCONTRACTING
Replace the first sentence of sub-clause 4.1 with the following:
“The Contractor shall not subcontract more than forty percent
(40%) of the Works”.
SUB-CLAUSE 4.3
DOMESTIC
PREFERENCE
Add the following Sub-Clause 4.3
Ethiopian Roads Authority
If the Contractor consists of a joint venture of domestic and
foreign firms which is awarded the contract through the
application of the 7½-percent domestic preference, the
Contractor shall not, without express approval of the Employer,
Page 5.9
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
modify the profit and loss distribution and work-sharing
characteristics of the joint venture with which it satisfied the
criteria of eligibility for being awarded the Contract with the
application of the domestic preference.
CONTRACT DOCUMENTS
SUB-CLAUSE 5.1
LANGUAGE AND
LAW
a) The language is stipulated in the Appendix to Bid.
b) The law is that in force in the country stipulated in the
Appendix to Bid.
SUB-CLAUSE 5.2
PRIORITY OF
CONTRACT
DOCUMENTS
Delete the documents listed 1-6 and substitute:
(1) The Contract Agreement (if completed);
(2) The Letter of Acceptance
(3) The Bid, the Appendix to the Form of Bid, and the Bid
Addendum including the Minutes of Negotiation
(4) The Conditions of Contract, Part II;
(5) The Conditions of Contract, Part I;
(6) Method of Measurement
(7) The Special Specifications
(8) The Standard Specifications
(9) The Drawings;
(10) The Priced Bill of Quantities
(11) Other documents, as listed in the Appendix to Bid
SUB-CLAUSE 6.3
DISRUPTION OF
PROGRESS CONTRACTOR TO
EXAMINE DESIGNS
IN ADVANCE OF
THE WORKS
Page 5.10
Amend Clause 6.3 to read as follows:
"The designs for this project have been prepared by the
Employer in accordance with current engineering practice.
Never-the-less, clarification or revision of the designs may
become necessary in order to rectify inconsistencies or
discrepancies between the original design assumptions
including materials investigations, topographical surveys
and setting-out marks, and their interpretation that were
used in the design of the Works, and the actual conditions
encountered on the Site during the course of the Works.
(a) Therefore, immediately on being granted possession of the
Site, the Contractor shall examine the adequacy of the
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
designs for the project in terms of materials information,
setting out marks, topographical surveys, Drawings and Bills
of Quantities and shall give notice to the Engineer at least
120 days in advance of actual constructional requirements,
with a copy to the Employer, of any inconsistencies or
discrepancies in the designs which are likely to delay or
disrupt the planning or execution of the Works unless
further drawings or instructions are issued by the Engineer.
As the Works progress, the Contractor shall review the
adequacy of the designs at six (6) monthly intervals.
(b) Within 90 days of the said notice, the Engineer, in
consultation with the Employer, shall issue any clarification
or revision of the designs for the project that is required in
order to rectify inconsistencies or discrepancies between the
original
design
assumptions
including
materials
investigations, topographical surveys and setting-out marks,
and their interpretation that were used in the design of the
Works, and the actual conditions encountered during the
said examination of the original designs or during the course
of the Works.”
(c) The Contractor shall provide the necessary personnel,
facilities, equipment, vehicles and support staff to undertake
all necessary investigations and calculations for such
examinations of the designs.
SUB-CLAUSE 6.4
NO EXTENSION OF
TIME CONTRACTOR TO
PROCEED WITH
WORKS
Amend Sub-Clause 6.4 to read as follows:
“If, within the time stated above, the Engineer fails to issue,
any clarification, drawing or instruction for which notice has
been given by the Contractor in accordance with Sub-Clause
6.3, the Contractor shall, after giving fourteen (14) days’
notice to the Engineer, proceed in accordance with the
existing designs and shall not be entitled to any extension of
time for such failure by the Engineer.”
SUB-CLAUSE 6.5
FAILURE BY
CONTRACTOR TO
SUBMIT
DRAWINGS
Amend Clause 6.5 to read as follows:
“If the failure or inability of the Engineer to issue any
drawings or instructions is caused in whole or in part by the
failure of the Contractor to submit drawings, specifications
or other documents which he is required to submit under the
Contract, the Engineer shall take such failure by the
Contractor into account when making his statement of
amounts due and payable to the Contractor in accordance
with Sub-Clause 60.2.”
Ethiopian Roads Authority
Page 5.11
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
SUB-CLAUSE 6.6
SUBMISSION OF
DRAWINGS FOR
APPROVAL
Add the following as Sub-Clause 6.6:
SUB-CLAUSE 6.7
METRIC UNITS
All units used in the Contract shall be metric and for
measurement of angles the 400 grades systems shall be used.
SUB-CLAUSE 7.6
APPROVED
DRAWING TO BE
MODIFIED
SUB-CLAUSE 7.7
SIZE OF
DRAWINGS
Page 5.12
"All detailed working drawings, design calculations and
fabrication drawings for Temporary Works (such as form work,
staging, centering, scaffolding, specialized construction,
handling and launching equipment and the like) as well as bar
bending and cutting schedules for reinforcement, material lists
for structural fabrication as well as detailed drawings for
templates and anchorage and temporary support details for
prestressing cables etc. shall be prepared by the Contractor at his
own cost and forwarded in triplicate to the Engineer at least six
weeks in advance of actual constructional requirements. The
Engineer will check and return one copy of the same for the
Contractor’s use with amendments, if any, after discussion and
agreement with Contractor. Such approval shall not relieve the
Contractor of any of his responsibilities in connection with
Temporary Works. The Contractor will supply three copies of
the approved drawings for the Engineer’s use. The cost of
preparing all such items of work shall be deemed to have been
included in the respective rates/prices quoted by the Contractor
in the Bill of Quantities."
Should it be found at any time after approval has been given
by the Engineer to any drawings submitted by the Contractor
that the said drawings do not comply with the terms and
conditions of the Contract, or that the details do not agree
with any drawings submitted previously, such alterations and
additions as may be deemed necessary by the Engineer shall
be made therein by the Contractor and the work carried out
accordingly without extra payment to the Contractor
therefore.
All drawings submitted by the Contractor shall for
convenience in filing be as far as possible of a uniform size
being not more than 101cm x 68cm overall (A1 size). The
drawings shall be numbered and dated, and shall include the
title of the Contract at the bottom of the drawing followed by
the title of the drawing concerned. All drawings shall have
the appropriate scales drawn on them and notes shall be in
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
English. All amendments to such drawings shall be noted
and dated on the drawing.
GENERAL OBLIGATIONS
SUB-CLAUSE 10.1
PERFORMANCE
SECURITY
Replace the text of Sub-Clause 10.1 with the following:
"The Contractor shall provide security for his proper
performance of the Contract to the Employer within 28 days
after the receipt of the Letter of Acceptance. The performance
security shall be in the form of a bank guarantee or performance
bond, as stipulated by the Employer in the Appendix to Bid.
The performance security shall be denominated in the types and
proportions of currencies in which the Contract Price is payable.
The Contractor shall notify the Engineer when providing the
performance security to the Employer.
"If the performance security is a bank guarantee, it shall be
issued either (a) by a bank located in the country of the
Employer or a foreign bank through a correspondent bank
located in the country of the Employer, or (b) directly by a
foreign bank which has been determined in advance to be
acceptable to the Employer.
"If the performance security is a performance bond, it shall be
issued by a bonding or insurance company acceptable to the
Employer.
"Without limitation to the provisions of the preceding
paragraph, whenever the Engineer determines an addition to the
Contract Price as a result of a change in cost and/or legislation
or as a result of a variation amounting to more than 25 percent
of the portion of the Contract Price payable in a specific
currency, the Contractor, at the Engineer’s written request, shall
promptly increase the value of the performance security in that
currency by an equal percentage. The performance security of a
joint venture shall be in the name of the joint venture."
Ethiopian Roads Authority
Page 5.13
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
SUB-CLAUSE 10.2
VALIDITY OF THE
PERFORMANCE
SECURITY
The performance security shall be valid until a date 28 days
from the date of issue of the Taking-Over Certificate. The
security shall be returned to the Contractor within 14 days of
expiration.
SUB-CLAUSE 10.3
CLAIMS UNDER
PERFORMANCE
SECURITY
Delete Sub-Clause 10.3.
SUB-CLAUSE 10.4
COST OF
PERFORMANCE
SECURITY
The cost of complying with the requirements of this clause
shall be borne by the Contractor.
SUB-CLAUSE 11.1
INSPECTION OF
SITE
Add the following new paragraph at the end of Sub-clause 11.1:
SUB-CLAUSE 11.2
ACCESS TO DATA
Add new Sub-clause 11.2:
“Whenever an opinion or interpretation of data is made
available to the Contractor in respect of any data provided to the
Contractor by the Employer, the Contractor shall be solely
responsible for ascertaining the correctness of such opinion or
interpretation and the Employer shall in no manner be liable in
this behalf. In particular and without limiting the generality of
the aforesaid, the Contractor shall not rely upon such opinion or
interpretation for any claim with respect to additional time or
cost under the Contract.”
“Data made available by the Employer in accordance with SubClause 11.1 shall be deemed to include data listed elsewhere in
the Contract as open for inspection at the address stipulated in
the Appendix to Bid.”
SUB-CLAUSE 14.1
PROGRAMME TO
BE SUBMITTED
Page 5.14
Add the following at the end of Sub-Clause 14.1
“The time within which the programme shall be submitted shall
be the number of days stipulated in the Appendix to Bid."
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
Unless otherwise agreed, the program shall be generally based
on the program submitted with the Bid and shall include
(i)
(ii)
Critical Path Method (CPM) analysis of various
activities from commencement of work to completion.
Bar chart showing proposed execution of quantities of
principal items of work, which shall not be unbalanced
The program shall be related to the capability of
equipment proposed to be deployed and site conditions.
(iii) Proposed deployment of principal items of equipment,
materials, and labour, every month.
(iv) Proposal for purchase/hire of equipment, every month,
along with program for their procurement.
(v)
A general description of the arrangements and methods
which the contractor proposes to adopt for the execution
of works, giving program of tests to be carried out
before, during and after execution of each item of work.
If the Engineer deems the work program submitted by the
Contractor incomplete/improper, the Contractor will have 14
days to resubmit it to the Engineer’s satisfaction. Until then, the
requirement to commence the work at site (Clause 41.1) shall be
deemed unfulfilled.”
The Contractor’s attention is particularly drawn to the need to
familiarize himself with customs procedures in connection with
importation, and to allow sufficient time in its programme for
these to be completed.
SUB-CLAUSE 14.2
REVISED
PROGRAMME
Add to Sub-Clause 14.2 the following:
The Contractor shall, when instructed by the Engineer, amend,
correct or modify the Program of Work so as to take into
account any delays and/or advances and modifications designs
or for other reasons considered necessary by the Engineer.
If, during the progress of the work, the quantities of work
performed per month fall below those shown in the program, or
if the sequence of operations is altered, or if the program is
deviated from in any other way, the Contractor shall, within
two weeks after being notified by the Engineer, submit a
revised programme so as to take into account any delays or
advances or for other reasons considered necessary by the
Ethiopian Roads Authority
Page 5.15
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Part II – Conditions of Particular Application
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Engineer without prejudice to the Employer’s right under
Clause 63 of the General Conditions of Contract.
If the program is to be revised by reason of the Contractor
falling behind his program, he shall produce a revised program
showing the modifications to the original program, necessary to
ensure completion of the works or any part thereof within the
time for completion as defined in Clause 43 of the General
Conditions of Contract or any extended time granted pursuant
to Clause 44 of the General Conditions of Contract. Any
proposal to increase the tempo of work must be accompanied
by positive steps to increase production by providing more
labour and plant on Site, or by using the available labour and
plant in a more efficient manner.
Should the Employer request and the Contractor undertake to
finish the whole or part of the Works ahead of the time
originally required by the Contract, payment for accelerating
the work shall only be made if agreed to beforehand in writing
and according to the terms of such agreement.
The Employer shall have the right to withhold payment for late
submission of any programme, as stated in the Appendix to Bid.
This amount will be payable within 60 days after submittal of
the program
SUB-CLAUSE 14.3
CASH FLOW
ESTIMATE TO BE
SUBMITTED
SUB-CLAUSE 14.5
SUPPLEMENTARY
PROGRAM
Page 5.16
Delete “if required to do so by the Engineer” and replace with:
“and each time the construction programme is revised and
submitted under sub-clause 14.1.”
The Contractor shall submit supplementary programs to the
Engineer. The supplementary program shall be consistent in all
respects with the time and order-of-work requirements of the
Contract and based upon the portions of the Works already
completed at the submission thereof. Supplementary programs
shall not be requested at less than monthly intervals.
Ethiopian Roads Authority
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Section 5
Part II – Conditions of Particular Application
SUB-CLAUSE 14.6
CONTRACTOR TO
EXPOSE DRAINAGE
STRUCTURES
Add the following as Sub-Clause 14.6:
SUB-CLAUSE 15.1
CONTRACTOR’S
SUPERINTENDENT
Add the following at the end of the first paragraph of SubClause 15.1
“The detailed designs for repair and rehabilitation works at drainage
structures will be prepared by the Engineer following the de-silting,
cleaning or exposure of the component parts of the structures by the
Contractor. Therefore, the Contractor should make due allowance in
his programme and sequence of operations for the time required by
the Engineer to issue appropriate instructions regarding the nature of
any repairs required, and the time to import any specialised repair
materials or equipment. The Contractor shall not decline to carry out
such de-silting, cleaning or exposure work, or claim additional costs
for such work, on the grounds that it is remote from, or in advance of,
his other construction activities.”
The contractor shall, within seven (7) days of receipt of the
Engineer’s Order to commence the Works, confirm to the
Engineer in writing, the name of the contractor’s
Representative and the anticipated date of his arrival on site.
SUB-CLAUSE 15.2
LANGUAGE
ABILITY OF
CONTRACTOR’S
REPRESENTATIVE
Add the following Sub-Clause 15.2:
SUB-CLAUSE 16.1
CONTRACTOR’S
EMPLOYEES
Add the following Sub-Clause 16.1 (c):
SUB-CLAUSE 16.3
LANGUAGE
ABILITY OF
SUPERINTENDING
STAFF
Add the following Sub-Clause 16.3:
Ethiopian Roads Authority
“The Contractor’s authorized representative shall be fluent in
both the written and spoken language specified in the Appendix
to Bid.”
“ The Contractor shall not replace or remove its key personnel
engaged in the performance of the Works without approval from
the Employer which shall not be unreasonably withheld.
Replacement shall be by a competent substitute approved by the
Engineer and at the Contractor’s own expense.”
“A reasonable proportion of the Contractor’s superintending
staff shall have a working knowledge of the language specified
in the Appendix to Bid, or the Contractor shall have available on
Page 5.17
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Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
site at all times a sufficient number of competent interpreters to
ensure the proper transmission of instructions and information.”
SUB-CLAUSE 16.4
EMPLOYMENT OF
LOCAL
PERSONNEL
Add the following Sub-Clause 16.4
SUB – CLAUSE 17.2
UNAUTHORIZED
WORK
Add the following sub-clause:
SUB-CLAUSE 17.3
NOTICE OF
SETTING OUT
Without prejudice to the other requirements of Clause 17, the
Contractor shall give to the Engineer, if required, not less than
48 hour's notice of his intention to set out or give levels for any
part of the Works, so that arrangement may be made for
checking or issuing instructions.
SUB-CLAUSE 19.1
SAFETY,
SECURITY, AND
PROTECTION OF
Add the following paragraph:
THE
ENVIRONMENT
“The Contractor is required, to the extent practicable and
reasonable, to employ staff and labour with appropriate
qualifications and experience from sources within the country of
the Employer stipulated in the Appendix to Bid.”
“Any work done in addition to that required by the Contract or
instructed by the Engineer shall not be paid.”
(d)Be responsible for dealing with water, whether from existing
drainage systems, water courses, underground springs or any
other source or cause. In discharging and diverting water, he
shall avoid flooding or damaging other works or services,
causing erosion and/or pollution of watercourses. In addition,
the Contractor shall take appropriate steps to prevent soil
erosion and keep the Site and borrow areas free from
flooding.
(e) Notwithstanding the Contractor’s obligations under subparagraphs (a), (b) and (c) of the Sub-Clause 19.1 of the
Conditions of Contract, the Contractor shall observe, without
limitation to, the following measures with a view to reducing
or eliminating adverse environmental effects by the Works:
(i)
Page 5.18
All quarries and borrow pits shall be filled and
landscaped to their original state after extraction of
construction material.
Ethiopian Roads Authority
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Section 5
Part II – Conditions of Particular Application
(ii)
Soil erosion due to the surface runoff or water from
culverts or other drainage structures should be avoided
by putting in place proper erosion control measures that
shall include, but not limited to, grassing and planting
of trees.
(iii)
Long traffic diversion roads shall be avoided so as to
minimize the effect of dust on the surrounding
environment. In any case, all diversions shall be kept
damp and dust-free.
(iv)
Haulage routes shall be kept as short as possible, and
watered as necessary.
(v)
Spillage of oil, fuel and lubricants shall be avoided.
And if spilt, it shall be collected and disposed of in such
a way as not to adversely affect the natural
environment.
(vi)
Rock-blasting near settlement areas shall be properly
coordinated with the relevant Authority in an attempt to
minimize levels of noise pollution and community
interference.
The Contractor shall make every reasonable endeavor
both by means of temporary works and by the use of
appropriate plant or silencing devices to ensure that the
level of noise resulting from the execution of the Works
does not constitute a nuisance.
(vii)
SUB-CLAUSE 20.4
EMPLOYER’S
RISKS
Amend Sub-Clause 20.4 to read as follows:
“The Employer’s risks are limited to the following;
a) Insofar as they directly affect the execution of the Permanent
Works in Ethiopia:
Ethiopian Roads Authority
(i)
War and hostilities (whether war be declared or not),
invasion, act of foreign enemies;
(ii)
Rebellion, acts of terrorism, revolution, insurrection,
or
military or usurped power, or civil war,
international embargo.
Page 5.19
Section 5
Part II – Conditions of Particular Application
SUB-CLAUSE 21.1
INSURANCE OF
WORKS AND
CONTRACTOR’S
EQUIPMENT
Page 5.20
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
(iii)
Ionizing, radiation, or contamination by radioactivity
from any nuclear fuel, or from any nuclear waste from
the combustion of nuclear fuel, radioactive toxic
explosive or other hazardous properties of any
explosive nuclear assembly or nuclear component
thereof;
(iv)
Pressure waves caused by aircraft or other aerial
devices traveling at sonic or supersonic speeds;
(v)
Riot, commotion or disorder, unless solely restricted
to the employees of the Contractor or of his
Subcontractors and arising from the conduct of the
Works;
b)
Loss or damage due to the use or occupation by the
Employer of any Section or part of the Permanent Works,
except as may be provided for in the Contract;
c)
Loss or damage to the extent that it is due to the design of
the Works, other than any part of the design provided by the
Contractor or for which the Contractor is responsible; and
d)
Any operation of the forces of nature (insofar as it occurs
on the Site) which an experienced contractor:
i.
Could not have reasonably foreseen, or
ii.
Could reasonably have foreseen, but against which he
could not reasonably have taken at least one of the
following measures:
(A)
Prevent loss or damage to physical property
from occurring by taking appropriate
measures, or
(B)
Insure against such loss or damage.”
Add the following words at the end of sub-paragraph (a) and
immediately before the last word of sub-paragraph (b) of SubClause 21.1:
“it being understood that such insurance shall provide for
compensation to be payable in the types and proportions of
Ethiopian Roads Authority
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Section 5
Part II – Conditions of Particular Application
currencies required to rectify the loss or damage incurred,”
SUB-CLAUSE 21.2
SCOPE OF COVER
Amend sub-paragraph (a) of Sub-Clause 21.2 by deleting the
words “from the start of work at the Site” and by substituting
therefore the words “from the first working day after the
Commencement Date.”
Add the following as sub-paragraph (c) under Sub-Clause 21.2:
c) It shall be the responsibility of the Contractor to notify the
insurance company of any change in the nature and extent
of the Works and to ensure the adequacy of the insurance
coverage at all times during the period of the Contract.
SUB-CLAUSE 21.4
EXCLUSIONS
Amend Sub-Clause 21.4 to read as follows:
“There shall be no obligation for the insurance in Sub-Clause
21.1 to include loss or damage caused by the risks listed under
Sub-Clause 20.4 sub-paragraphs (a) (i) to (iv) of the Conditions
of Particular Application.”
SUB-CLAUSE 23.1
THIRD PARTY
INSURANCE
(INCLUDING
EMPLOYER’S
PROPERTY)
Add the following at the beginning of this Clause:
SUB-CLAUSE 23.2
MINIMUM
AMOUNT OF
INSURANCE
Sub-Clause 23.2 is amended to read as follows:
“Prior to Commencement of the Works…”
(i)
(ii)
(iii)
Ethiopian Roads Authority
The Contractor shall whenever required produce to
the Engineer or the Engineer's Representative the
policy or policies of insurance and the receipts for
payment of the current premiums.
The provision of such insurance and the cost thereof
shall be in all respects at the expense of the
Contractor.
Such insurance shall be for at least the amount stated
in the Appendix to Bid with no limits to the number
of occurrences.
Page 5.21
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SUB-CLAUSE 24.2
INSURANCE
AGAINST
ACCIDENT TO
WORKMEN
Add the following at the end of this Clause:
SUB-CLAUSE 24.3
LIAISON WITH
POLICE, LABOUR
OFFICERS, ETC.
Add to Clause 24 the following Sub-Clause 24.3:
SUB-CLAUSE 25.1
EVIDENCE AND
TERMS OF
INSURANCE
“The provision of such insurance and the costs thereof shall be
in all respects at the expense of the Contractor.”
The Contractor shall keep in close contact with the Police,
Labour Officers and all other officials as appropriate regarding
their requirements for the control of workmen, restricted area
permits, passage through townships, or other matters and shall
provide all assistance and facilities which may be required by
such officials in the execution of their duties.
Amend Sub-Clause 25.1 by inserting the words “as soon as
practicable after the respective insurance has been taken out but
in any case” before the words “prior to the start of work at the
Site.”
and Add at the end of the paragraph:
“Insurance Policies shall include a clause forbidding both the
Contractor and the Insurer to modify the terms and conditions of
the insurance policies without the prior approval of the
Employer.”
SUB-CLAUSE 25.5
SOURCE OF
INSURANCE
Add the following Sub-Clause 25.5:
SUB-CLAUSE 25.6
INSURANCE
NOTICES
Add the following Sub-Clause 25.6
Page 5.22
“The Contractor shall place all insurance relating to the Contract
(including, but not limited to, the insurance referred to in Clauses
21, 23, and 24) with insurers from any eligible source country
acceptable by the Funding Agency and the Employer.”
Each policy of insurance effected by the Contractor for purpose
of the Contract shall be renewable and shall include a provision
to the effect that the insurer shall have a duty to give notice in
writing to the Contractor and Employer of the date when a
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
premium becomes payable not more than thirty (30) days
before that date and the policy shall remain in force until thirty
(30) days after the giving of such notice.
SUB-CLAUSE 25.7
NOTIFICATION TO
INSURERS
Add the following Sub-Clause 25.7
SUB-CLAUSE 26.2
INSPECTION AND
AUDIT BY THE
FUNDING AGENCY
Add this new Sub-Clause:
“The Contractor shall permit the Funding Agency to inspect the
Contractor’s accounts and records relating to the performance of
the Contract and to have them audited by auditors appointed by
the Funding Agency, if so required by the Funding Agency.”
Replace Sub-Clause 28.2 by the following:
SUB-CLAUSE 28.2
ROYALTIES
It shall be the responsibility of the Contractor to notify the
insurers under any of the insurance referred to in the preceding
Clauses 21, 23 and 24 on any matter or event which by the
terms of such insurance are required to be so notified and the
Contractor shall indemnify and keep indemnified the Employer
against all losses, claims, demands, proceedings, costs, charges
and expenses whatsoever arising out of or in consequence of
any default by the contractor in complying with the
requirements of this sub-clause whether as a result of avoidance
of such insurance or otherwise.
"The Employer shall be responsible for the assessment and
reimbursement of payment of compensation in respect of land to
be appropriated and incorporated in the works within the site
together with all buildings, crops, trees and any other properties
so defined from the land.
The Employer shall be responsible for agreement and payment
of compensation and any royalties in respect of land temporarily
occupied, soil areas, working areas, the extraction of material
from borrow pits and quarries, road diversions and sites for
Contractor’s and Engineer’s accommodation, where such land
or area is not within the site.
The Employer shall be responsible for agreement and payment
of compensation and any royalties in connection with the
dumping of part or all of any such material."
Ethiopian Roads Authority
Page 5.23
Section 5
Part II – Conditions of Particular Application
SUB-CLAUSE 28.3
COPYRIGHT
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Add the following Sub-Clause 28.3:
“The Copyright of all documents and drawings prepared by or
on behalf of the Contractor in connection with the Works shall
be the property of the Employer”.
SUB-CLAUSE 29.1
INTERFERENCE
WITH TRAFIC AND
ADJOINING
PROPERTIES
In sub-clause 29.1 (b) add the words “railway and any other
right of way” add after the word “private roads.”
Add the following Sub-clause:
29.1 (c) “The Contractor shall maintain two-way traffic during
construction, unless otherwise approved. The Contractor shall
build, maintain in a safe condition, keep open to traffic, and
remove when no longer needed:
(i) Detours and detour bridges, culverts including pipe
culverts, that will accommodate traffic diverted from the
roadway or bridges, culverts, pipe culverts during
construction.
(ii) Detour crossings of intersecting highways, and
(iii) Temporary approaches.
The Engineer shall approve all detour(s), and structure,
surfacing and paving shall be sufficient to meet traffic
requirements and shall be approved by the Engineer.
Within 28 days prior to the commencement of any Permanent
Works, the Contractor shall submit to the Engineer and have
been approved by the Engineer the Traffic Management plan
provided with its Bid. The Traffic Management plan shall
indicate what measures will be implemented to manage the
traffic while works are underway. Such a system shall describe,
in the form of sketch accompanied by narrative details, the
sequence of signs, diversions, lighting, fence, etc., to be applied
to each section of road. The Traffic Management plan shall be
approved by the Engineer before the start of works on any
section of road. In case of default on the part of the Contractor
in implementing such Traffic Management plan, as approved by
the Engineer, an amount as stated in the Appendix to Bid shall
be withheld from the Interim Monthly Certificate.
In the event of deterioration due to climatic conditions or theft
of the provisional system of signaling installed by the
Page 5.24
Ethiopian Roads Authority
Standard Bidding Documents
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Section 5
Part II – Conditions of Particular Application
Contractor, the Contractor will make good the diversion and/or
the signaling system within 24 hours after the event has been
reported by the Engineer to the Contractor.
SUB-CLAUSE 29.3
REINSTATEMENT
AND
COMPENSATION
FOR DAMAGE TO
PERSONS OR
PROPERTY
The Contractor shall reinstate all properties whether public or
private which are damaged in consequence of the construction
and maintenance of the works to a condition as specified and at
least equal to that prevailing before his first entry on them.
If in the opinion of the Engineer the Contractor shall have
failed to take reasonable and prompt action to discharge his
obligations in the matter of reinstatement the Engineer will
inform the Contractor in writing of his opinion, in which
circumstances the Employer reserves the right to employ others
to do the necessary work of reinstatement and to deduct the cost
thereof from any money due or which shall become due to the
Contractor.
The Contractor shall refer to the Employer without delay all
claims, which may be considered to fall within the provisions
of Sub-clause 22.1.
SUB CLAUSE 29.4
PROTECTION OF
EXISTING WORKS
AND SERVICES
The Contractor shall acquaint himself with the position of all
existing services, such as sewers, surface water drains, cables
for electricity and telephone, telephone and lighting poles,
water main and alike before commencing any excavation or
other work likely to affect the existing service.
The Contractor will be held liable for all damage to roads,
Irrigation ditches, mains pipes, electric cables, lines or services
of any kind caused by him or his sub-contractors in the
execution of the Works. The Contractor must make good any
damage without delay and, if necessary, carry out any further
work ordered by the Engineer’s Representative Where work is
to be carried out in the vicinity of overhead power lines, the
Contractor shall ensure that all persons working in such areas
are aware of the relatively large distance that high voltage
electricity can “short” to earth when crane, or other large
masses of steel, are in the vicinity of power lines. The
Contractor’s attention is drawn to BS. 162 which gives safe
clearance for the various voltages.
Ethiopian Roads Authority
Page 5.25
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
The Contractor shall be held responsible for injury to existing
works or services, and shall indemnify the Employer against
any claims in this respect (including consequential damages)
The Contractor shall be responsible for the reinstatement of the
services so affected, to the satisfaction of the Engineer. In all
cases where such works or services are exposed, they shall be
properly shared, hung up or otherwise protected. Special care
must be exercised in filling and compacting the grounds under
mains, cable, etc., and to leave uncovered exposed water
meters, stopcock boxes and similar items.
As soon as any such existing works or services or structures are
encountered on, over, under, in or through the Site during the
performance of the Contract, the Contractor shall make a record
of the location and description of such service or structure and
shall send the same forthwith to the Engineer.
Installations adjacent to the Works shall be kept securely in
place until the work is completed and shall then be made as
safe and permanent as before Not withstanding the foregoing
requirements, and without reducing the Contractor’s
responsibility, the Contractor shall inform the Engineer
immediately if any existing works or services are located,
exposed or damaged.
SUB-CLAUSE 29.5
PROTECTION OF
SURVEY BEACONS
The Contractor shall not remove, damage, alter or destroy in
any way plot beacons. Should the Contractor consider that any
beacon will be interfered with by the Work he shall notify the
Engineer who, if he considers it necessary, will make
arrangements for the removal and replacement of the beacons.
SUB-CLAUSE 30.5
EXTRAORDINARY
TRAFFIC
Add Sub-Clause 30.5:
SUB-CLAUSE 30.6
FACILITIES FOR
Add Sub-Clause 30.6:
OTHER
CONTRACTOR’S
Page 5.26
“Nothing contained above shall excuse the Contractor or any of
his Sub-Contractor(s) from complying with state laws
regulating traffic on highways and bridges.”
“The Contractor shall be deemed to have fully familiarized
himself with the planned construction operations on any other
concurrent construction project in Ethiopia which may have any
adverse effect on the Contractor’s own operations. The
Contractor shall be deemed to have allowed for the effects of
Ethiopian Roads Authority
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Section 5
Part II – Conditions of Particular Application
other concurrent construction projects on any necessary
transportation operations in connection with the contract,
outside the confines of the Contract Site.”
LABOUR
SUB-CLAUSE 34.3
COMPENSATION
FOR INJURY
SUB-CLAUSE 34.4
COSTS COVERED
Add the following Sub-Clause 34.3:
“The Contractor shall, in accordance with the Workman’s
Compensation Act of the law of Ethiopia and any other
regulations in force from time to time in Ethiopia, pay
compensation for loss or damage suffered in consequence of
any accident or injury or disease resulting from his work to any
workman or other person in the employment of the Contractor
or any sub-Contractor.”
Add the following Sub-Clause 34.4:
“The forgoing provisions of this Clause 34 shall apply to all
labour and personnel employed by the Contractor and his subContractors and costs, charges and expenses whatsoever that
may be incurred by the Contractor and all risks involved in
giving effect to the provisions of this clause including all
insurance, custom duties, medical or other fees, substance, home
or local leave, all other matters are deemed to be included in and
covered by the rates or sums inserted by the Contractor in the
Bill(s) of Quantities.” [To check if there is such a pay item in
the BOQ]
SUB-CLAUSE 35.1
RETURNS OF
LABOUR AND
CONTRACTOR’S
EQUIPMENT
Ethiopian Roads Authority
Add the following paragraph at the end of Sub-Clause 35.1:
“Returns of Personnel and Equipment shall be submitted to the
Engineer’s Representative with each Monthly Statement.”
Page 5.27
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Standard Bidding Documents
For Roadwork Contracts ICB – 2002
COMMENCEMENT AND DELAYS
SUB-CLAUSE 41.1
COMMENCEMENT
OF WORKS
Add the following at the end of the Sub-Clause.
“The requirements to commence the works at site’ shall be
fulfilled if:a) Program has been submitted in accordance with Clause 14.1
b) The Contractor’s Technical Staff such as Site Manager(s),
Site Engineer(s), with other supporting staff are in position at
site;
c) Equipment, materials and labor for the work programmed for
execution in the first 2 months, have been mobilized at site.
SUB-CLAUSE 44.1
EXTENSION OF
TIME FOR
COMPLETION
Add, at the end of (c) : Extension of time in terms of clause
44.1(c) of the General Conditions of Contract in respect of
exceptional rainfall shall be determined in terms of method (i)
below, unless the Technical Specifications (Supplemental)
determine that method (ii) shall be used.
The extension of time that will be considered for a given
calendar month shall not exceed the number of calendar days in
that month less the average number of days in that month on
which a rainfall of Y mm or more per day has been recorded, as
derived from existing rainfall records.
Method (i) (Rainfall formula)
The formula below shall be used to calculate separately the
delay for each calendar month or part thereof. It shall be
calculated each month during the period referred to in the
General Conditions of Contract as the time for completion of
the Works (including any extension thereof that may have been
granted), or until the issue date of the Taking-Over Certificate,
whichever is the shorter period. The delay calculated for a
given month shall be used to determine the interim extension of
time granted for that month. At the end of the applicable period
Page 5.28
Ethiopian Roads Authority
Standard Bidding Documents
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Section 5
Part II – Conditions of Particular Application
referred to above, the aggregate of the monthly delays will be
taken into account for the final determination of the total
extension of time for the contract:
V = (Nw - Nn) + (Rw - Rn)
X
If any value of V is negative and its absolute value exceeds Nn,
then V shall be taken as equal to minus Nn.
The delay for a part of a month shall be calculated by
substituting pro rata values for the variables in the equation.
The symbols shall have the following meanings:
V=
Delay due to rain in calendar days in respect of the
calendar month under consideration.
Nw = Actual number of days during the calendar month on
which a rainfall of Y mm or more per day has been
recorded,
Rw = Actual rainfall in mm for the calendar month under
consideration.
Nn = Average number of days in the. relevant calendar month
(as derived from existing rainfall records provided in the
project specifications) on which a rainfall of Y mm or more per
day has been recorded.
Rn = Average rainfall in mm for the calendar month, as derived
from the rainfall records supplied in the Technical
Specifications (Supplemental).
X = 20, unless otherwise provided in the Technical
Specifications.
Y=
10, unless otherwise provided in the Technical
Specifications.
The total delay that will be taken into account for the
determination of the total extension of time for the Contract
shall be the algebraic sum of the monthly totals for the period
Ethiopian Roads Authority
Page 5.29
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Part II – Conditions of Particular Application
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For Roadwork Contracts ICB – 2002
under consideration. But if the grand total is negative, the time
for completion shall not be reduced on account of abnormal
rainfall. The total extension of time for any calendar month
shall not exceed (Nc - Nn) calendar days, where Ne = number
of calendar days in the month under consideration.
The factor (Nw - Nn) shall be considered to represent a fair
allowance for variations from the average number of days
during which rainfall equals or exceeds Y mm per day.
The factor (Rw - Rn) + X shall be considered to represent a fair
allowance for variations from the average for the number of
days during which rainfall does not equal or exceed Y mm per
day, but when wet conditions prevent or disrupt work.
This formula does not take into account any flood damage,
which could cause further or concurrent delays and which shall
be treated separately in so far as extension of time is concerned
Accurate rain gauging shall be taken at a suitable point on the
site daily at 08:00 unless otherwise agreed to by the Engineer,
and the Contractor shall, at his own expense, take all necessary
precautions to ensure that the rain gauges cannot be interfered
with by unauthorized persons.
Information regarding existing rainfall records, if available
from a suitable rainfall station near the site, will be supplied in
the Technical Specifications (Supplemental), together with
calculations of rain delays for previous years in accordance
with the above formula. The average of these delays will be
regarded as normal rain delays, which the Contractor shall
accommodate in his programme, and for which no extension of
time will be considered.
If no suitable rainfall records are available, the above formula
will not apply,
Method (ii) (Critical-path method)
Where the critical-path method is specified in the Technical
Specifications (Supplemental) for determining extension of
time resulting from exceptional rainfall, it shall be applied as
follows:
Page 5.30
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
A delay caused by inclement weather conditions will be
regarded as a delay only if, in the opinion of the Engineer, all
progress on an item or items of work on the critical path of the
working programme of the Contractor has been brought to a
halt. Delays on working days only (based on a five-day
working week) will be taken into account for the extension of
time, but the Contractor shall make provision in his programme
of work for an expected delay of "n" working days caused by
normal rainy weather, for which he will not receive any
extension of time. The value of "n" shall be given in the
Technical Specifications (Supplemental).
Extension of time during working days will be granted to the
degree to which actual delays, as defined above, exceed the
number of "n" workings days as mentioned in the Technical
Specifications (Supplemental).”
At the end of Sub-Clause 44.1 add the following:
Neither rains falling within the rainy seasons as occurs in the
Employer's country, nor floods caused by such rains shall be
deemed exceptional weather conditions such as may fairly
entitle the Contractor to an extension of time for the completion
of the work. Similarly in respect of the provision of Clause 12
of these Conditions, neither such rains nor such floods shall be
deemed to be adverse physical conditions.
SUB-CLAUSE 45.1
RESTRICTION ON
WORKING HOURS
Ethiopian Roads Authority
Add the following to Sub-Clause 45.1 :
If the Contractor requests for permission to work by day and
night and if the Engineer shall grant such permission, the
Contractor shall not be entitled to any additional payment for so
doing. All such work at night shall be carried out without
unreasonable noise or other disturbance and the Contractor
shall indemnify the Employer from and against any liability for
damages on account of noise or other disturbance created while
carrying out night work and from against all claims, demands,
proceeding, costs, charges and expenses whatsoever in regard
or in relation to such liability. In addition, the Contractor shall
be required to provide, for any work carried out by night or
recognised days of rest, adequate lighting and other facilities,
so that the work is carried out safely and properly.
Page 5.31
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Standard Bidding Documents
For Roadwork Contracts ICB – 2002
SUB-CLAUSE 45.2
OVERTIME
WORKING
Add the following Sub-Clause 45.2:
“Normal working hours shall be in accordance with the
Ethiopian Labour Laws. No work shall be allowed on Sunday
or Public Holidays, except with the permission of the Engineer.
For any hours in excess of the normal working hours the
Contractor shall be responsible for payments, for excess hours
worked by the staff of the Engineer, by means of deduction
made by the employer from payments due to the Contractor.
The Current recognized Public Holidays are as follows:
Christmas Day (January)
Epiphany (January)
Victory Day (March)
Patriots Victory Day (May)
Id-ul-Fitr
Good Friday
Labour Day (1st May)
Downfall of the Derg (May)
Id-ul-Dhar
Ethiopian New Year (11th September)
Birthday of the Prophet Mohammed.
Finding of the True Cross (Meskel) (September)”
SUB-CLAUSE 46.2
MONTHLY
PROGRESS
REPORTS
Add the following Sub-Clause 46.2
SUB-CLAUSE 47.3
BONUS FOR EARLY
COMPLETION
No Bonus for early completion of the works shall be paid to the
Contractor by the Employer
SUB-CLAUSE 47.4
CURRENCY OF
LIQUIDATED
DAMAGES
Liquidated damages shall be paid by the Contractor of the
Employer in the types and proportions of currencies as shall be
payable to the Contractor under contract.
SUB-CLAUSE 48.2
TAKING OVER OF
SECTIONS OR
PARTS
Substitute Sub-Clause 48.2 (b) by the following:
Page 5.32
“The Contractor shall submit four copies of a monthly progress
report to the Engineer during the first week of the month
following the report period. The format of the report shall be
agreed with the Engineer.”
(b) Any substantial part of the Permanent Works, provided the
continuous length is not less than that stated in the Appendix to
Ethiopian Roads Authority
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Section 5
Part II – Conditions of Particular Application
Bid, which has been both completed to the satisfaction of the
Engineer and, otherwise than as provided for in the Contract,
occupied or used by the Employer, or
SUB-CLAUSE 48.3
SUBSTANTIAL
COMPLETION OF
PARTS
Add at the end of sub-clause 48.3 the following:
SUB-CLAUSE 49.5
DEFECTS
LIABILITY PERIOD
Add Sub-Clause 49.5
OF
REPLACEMENTS
ETC.
“Parts or Sections of the Works shall be deemed to be
Substantially Completed when the Engineer determined that the
Employer has full and unrestricted use and benefit of the
facilities, and only minor ancillary roadwork, and removal of
temporary facilities, shall remain for the physical completion of
the Works.”
“The provisions of this Clause shall apply to all replacements
or renewals of Plant, equipment etc. to be provided with respect
to the utilities under the Contract, carried out by the Contractor
to remedy defects and damages as if the replacements and
renewals had been taken over on the date they were completed.
The Defects Liability Period for the Works shall be extended by
a period equal to the period during which the Works cannot be
used by reason of the defect or damage. If only part of the
Works is affected the Defects Liability Period shall be extended
only for that part.”
ALTERATIONS, ADDITIONS AND OMISSIONS
SUB-CLAUSE 51.3
DESIGN OF
VARIATIONS
Add the following as Sub-Clause 51.3:
"The Contractor shall be entirely responsible for any
investigations and the preparation of all necessary preliminary
designs, design calculations, detailed designs, detailed working
drawings, fabrication drawings, bar bending and cutting
schedules for reinforcement, material lists for structural
fabrication etc. for any variation ordered by the Engineer and
shall forward the same in triplicate to the Engineer at least six
weeks in advance of actual constructional requirements.
The Engineer will check and return one copy of the same for the
Ethiopian Roads Authority
Page 5.33
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Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Contractor’s use with amendments, if any, after discussion and
agreement with Contractor. Such approval shall not relieve the
Contractor of any of his responsibilities in connection with
design, construction or maintenance of the variation. The
Contractor will supply three copies of the approved drawings for
the Engineer’s use.
The cost of preparing all such items of work, including any
amendments required by the Engineer, shall be deemed to have
been included in the respective rates/prices agreed upon between
the Engineer and the Contractor in accordance with Clause 52.1.
Unless, and to the extent agreed by the Engineer in writing prior
to the execution of any variation, no extension of time will be
granted in respect of the variation and the cost of any acceleration
measures required to undertake the variation in accordance with
the current programme for the works shall be deemed to have
been included in the respective rates/prices agreed upon between
the Engineer and the Contractor in accordance with Clause 52.1.
The Contractor shall accept all risks in respect of non-foreseeable
physical obstructions or conditions which may be encountered in
the planning, design and execution of any variation and shall not
be entitled to any extension of time or costs under Clause 12.2"
SUB-CLAUSE 52.1
VALUATION OF
VARIATIONS
Page 5.34
Add final sentences as follows:
“Where the Contract provides for the payment of the Contract
Price in more than one currency, and varied work is valued at, or
on the basis of, the rates and prices set out in the Contract,
payment for such varied work shall be made in the proportions
of various currencies specified in the Appendix to Bid for
payment of the Contract Price. Where the Contract provides for
payment of the Contract Price in more than one currency, and
new rates or prices are agreed, fixed, or determined as stated
above, the amount or proportion payable in each of the
applicable currencies shall be specified when the rates or prices
are agreed, fixed, or determined, it being understood that in
specifying these amounts or proportions the Contractor and the
Engineer (or, failing agreement, the Engineer) shall take into
account the actual or expected currencies of cost (and the
proportions thereof) of the inputs of the varied work without
Ethiopian Roads Authority
Standard Bidding Documents
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Section 5
Part II – Conditions of Particular Application
regard to the proportions of various currencies specified in the
Appendix to Bid for payment of the Contract Price.”
SUB-CLAUSE 52.2
POWER OF
ENGINEER TO FIX
RATES
Add a final sentence to the first paragraph, as follows:
“Where the Contract provides for the payment of the Contract
Price in more than one currency, the amount or proportion
payable in each of the applicable currencies shall be specified
when the rates or prices are agreed, fixed, or determined as
stated above, it being understood that in specifying these
amounts or proportions the Contractor and the Engineer (or,
failing agreement, the Engineer) shall take into account the
actual or expected currencies of cost (and the proportions
thereof) of the inputs of the varied work without regard to the
proportions of various currencies specified in the Appendix to
Bid for payment of the Contract Price.”
Add a third paragraph:
“Provided further that no change in the rate or price for any item
contained in the Contract shall be considered unless such item
accounts for an amount more than 2 percent of the Contract
Price, and the actual quantity of work executed under the item
differs from the quantity set out in the Bill of Quantities by more
than 25 percent.”
SUB-CLAUSE 52.3
VARIATIONS
EXCEEDING 15
PERCENT
SUB-CLAUSE 52.4
DAYWORKS
Ethiopian Roads Authority
Add a final sentence, as follows:
“Where the Contract provides for the payment of the Contract
Price in more than one currency, the amount or proportion
payable in each of the applicable currencies shall be specified
when such further sum is agreed or determined, it being
understood that in specifying these amounts or proportions the
Contractor and the Engineer (or, failing agreement, the
Engineer) shall take into account the currencies (and the
proportions thereof) in which the Contractor’s Site and general
overhead cost of the Contract were incurred without being
bound by the proportions of various currencies specified in the
Appendix to Bid for payment of the Contract Price.”
Add the following at the end of Sub-Clause 52.4.
Page 5.35
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
"The work so ordered shall immediately become part of the
works under the contract. The Contractor shall, as soon as
practicable after receiving the Dayworks order from the
Engineer, undertake the necessary steps, for due execution of
such work-prior to commencement of any work to be done
on a Day work basis. The Contractor shall give an advance
notice to the Engineer stating the exact time of such
commencement."
SUB-CLAUSE 53.1
NOTICE OF
CLAIMS
Add at the end of Sub-Clause 53.1:
SUB-CLAUSE 53.2
CONTEMPORARY
RECORDS
Add at the end of clause 53.2
The Contractor shall also state on which Clause or Clauses
of the Conditions of Contract his claim is based.
In order that the extent and validity of such claims may be
properly assessed when they are submitted at a later date, all
circumstances relating to claims must be investigated,
recorded and agreed upon as far as possible between the
Contractor and the Engineer as and when they occur. For
this purpose the Contractor shall furnish the Engineer from
day to day with records, in a form approved by the Engineer,
of all the facts and circumstances that the Contractor
considers relevant and may wish to rely upon in support of
his claims. The Engineer may in turn record such other facts
and circumstances as he considers relevant and the
Contractor shall for this purpose, supply him with all the
information that he may require in this respect.
The Engineer and the Contractor shall at the time of
recording, indicate in writing and by signature, their
agreement or disagreement as to the correctness of the
information recorded.
Page 5.36
Ethiopian Roads Authority
Standard Bidding Documents
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Section 5
Part II – Conditions of Particular Application
CONTRACTOR’S EQUIPMENT ,TEMPORARY WORKS AND MATERIALS
SUB-CLAUSE 54.1
CONTRACTOR’S
EQUIPMENT,
TEMPORARY
WORKS, AND
MATERIALS:
EXCLUSIVE USE
FOR THE WORKS
Amend Sub-Clause 54.1 as follows:
Line 5, add “written” between “the” and “consent”.
Add a final sentence as follows:
“The Contractor shall every month give to the Engineer a
statement showing the amount of plant and Contractor’s
equipment, which has been brought to this Site, including the
equipment condition (Operational, stand by, under repair, etc.)
of the month .”
SUB-CLAUSE 54.9
CONTRACTOR’S
RESPONSIBILITIES
FOR LICENSES
The Contractor shall obtain his own information with regard
to the granting of import and export licenses for materials,
equipment and plant. The Contractor shall bear all expenses
for Plant, Materials, Equipment and Maintenance required
for the completion and maintenance of the works and shall
be deemed to have satisfied himself with regard to all his
liabilities under the laws and regulations governing the
granting of these licenses. The Contractor shall ensure that
requests for import and export licenses are submitted in
sufficient time to clear all formalities before said licenses are
required.
SUB-CLAUSE 54.10
EQUIPMENT AND
PLANT
The Contractor shall identify each piece of his equipment,
other than hand tools, by means of an identification number
plainly stencilled or stamped on the equipment at a
conspicuous location, and shall furnish to the Engineer a list
giving the description of each piece of equipment and its
identification number. In addition, the make, model number
and empty gross weight of each unit of compaction
equipment shall be plainly stamped or stencilled in a
conspicuous place on the unit. The gross weight shall be
either the manufacturer’s rated weight or the scale weight.
The make, model, serial number and manufacturer’s rated
capacity of each scale shall be clearly stamped on the load-
Ethiopian Roads Authority
Page 5.37
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
receiving element and its indicator or indicators. All meters
shall be similarly identified, rated and marked.
MEASUREMENT
SUB-CLAUSE 55.2
OMISSIONS OF
QUANTITIES
SUB-CLAUSE 57.1
METHOD OF
MEASUREMENT
SUB-CLAUSE 58.5
PROVISIONAL
ITEMS
SUB-CLAUSE 59.3
DESIGN
REQUIREMENTS
TO BE EXPRESSLY
STATED
SUB-CLAUSE 59.5
CERTIFICATION OF
PAYMENTS TO
NOMINATED SUBCONTRACTORS
Page 5.38
Add the following to Sub-Clause 55.2:
Items of the Works described in the Bill of Quantities for which
no rate or price has been entered in the Contract shall be
considered as included in other rates and prices in the Contract
and will not be paid for separately by the Employer.
Delete the text of this Sub-Clause and substitute with the
following:
“The measurement of the works shall be performed on the
All items set out in the Bill of Quantities which are stated to
be provisional items, or for contingencies, shall be used only
at the discretion of the Engineer and if not used, either
wholly or in part, then the amount not used shall be deducted
from the contract price.
Delete this Sub-Clause 59.3
“Add the following paragraph at the end of the Sub-Clause:
If the Engineer desires to secure or certify final payment to
any nominated Sub-Contractor before final payment is due
to the Contractor and if such Sub-Contractor has
satisfactorily indemnified the Contractor against any latent
defects, the Engineer may, in an interim certificate, include
an amount to cover the said final payment, and thereupon the
Contractor shall pay to such nominated Sub-Contractor the
amount so certified. Upon such final payment the SubContractor shall be discharged from all liability for the work,
Ethiopian Roads Authority
Standard Bidding Documents
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Section 5
Part II – Conditions of Particular Application
materials or goods executed or supplied by such SubContractor under the contract to which the payment relates.”
CERTIFICATES AND PAYMENT
CLAUSE 60
CERTIFICATES
AND PAYMENT
Clause 60 of the General Conditions is deleted and the
following Sub-Clauses 60.1-60.14 are substituted therefore:
SUB-CLAUSE 60.1
MONTHLY
STATEMENTS
The Contractor shall submit a statement in the number of
copies stipulated in the Appendix to Bid to the Engineer at the
end of each month, in a tabulated form approved by the
Engineer, showing the amounts to which the Contractor
considers himself to be entitled. The statement shall include the
following items, as applicable, which shall be taken into
account in the sequence listed:
(a) The estimated Contract value of the Temporary and
Permanent Works executed up to the end of the month in
question, determined in accordance with Sub-Clause 56.1,
at the unit rates and prices included in the Contract;
(b) The value of any variations executed up to the end of the
month in question, less the amount certified in the previous
Interim Payment Certificate, pursuant to Clause 52;
(c) Amounts approved in respect of Day work executed up to the
end of the month in question, less the amount for Day
work certified in the previous Interim Payment
Certificate, as determined from the Day work schedule of
the Bill of quantities.
(d) Amounts reflecting changes in cost and legislation, pursuant
to Clause 70;
(e) Any amount to be withheld under the retention provisions
of Sub-Clause 60.5, determined by applying the percentage
set forth in Sub-Clause 60.5 to the amount due under
paragraphs 60.1 (b), (c) and (d);
(f)
Ethiopian Roads Authority
Any credit in respect of materials and Plant for the
Permanent Works, and under the conditions set forth in
Page 5.39
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Sub-Clause 60.3;
(g) Any amount to be deducted as repayment of the Advance
under the provisions of Sub-Clause 60.7; and
(h) Any other sum to which the Contractor may be entitled
under the Contract or otherwise.
(i)
SUB-CLAUSE 60.2
MONTHLY
PAYMENTS
The amount certified for payment up to the end of the
previous month
The said statement shall be approved or amended by the
Engineer in such a way that, in his opinion, it reflects the
amounts in various currencies due to the Contractor in
accordance with the Contract, after deduction, other than
pursuant to Clause 47, of any sums which may have become due
and payable by the Contractor to the Employer. In cases where
there is a difference of opinion as to the value of any item, the
Engineer’s view shall prevail. Within 28 days of receipt of the
monthly statement referred to in Sub-Clause 60.1, the Engineer
shall determine the amounts due to the Contractor and shall
deliver to the Employer and the Contractor an Interim Payment
Certificate, certifying the amounts due to the Contractor.
Provided that the Engineer shall not be bound to certify any
payment under this sub-clause if the net amount thereof, after all
retentions and deductions, would be less than the Minimum
Amount of Interim Payment Certificates stated in the Appendix
to Bid. However, in such case, the unpaid certified amount will
be added to the next interim payment, and the cumulative
unpaid certified amount will be compared with the minimum
amount of interim payment.
Notwithstanding the terms of this clause or any other clause of
the Contract, no amount will be certified by the Engineer for
payment until the performance security has been provided by
the Contractor and approved by the Employer.
Page 5.40
Ethiopian Roads Authority
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SUB-CLAUSE 60.3
MATERIALS AND
PLANT FOR THE
PERMANENT
WORKS
Section 5
Part II – Conditions of Particular Application
With respect to materials and Plant brought by the Contractor to
the Site for incorporation in the Permanent Works, the
Contractor shall (a) receive a credit in the month in which these
materials and Plant are brought to the Site and (b) be charged a
debit in the month in which they are incorporated in the
Permanent Works, both such credit and debit to be determined
by the Engineer in accordance with the following provisions:
a) No credit shall be given unless the following conditions
shall have been met to the Engineer’s satisfaction:
(i)The materials and Plant are in accordance with the
specifications for the Works;
(vi) The materials and Plant have been delivered to the Site
and are properly stored and protected against loss,
damage, or deterioration;
(vii) The Contractor’s records of the requirements, orders,
receipts, and use of materials and Plant are kept in a
form approved by the Engineer, and such records are
available for inspection by the Engineer;
(viii) The Contractor has submitted a statement of his cost
of acquiring and delivering the materials and Plant to
the Site, together with such documents as may be
required for the purpose of evidencing such cost;
(ix) The origin of the materials and Plant and the currencies
of payment therefore are those indicated in the
Appendix to Bid; and
(x) The materials are to be used within a reasonable time.
b) The amount to be credited to the Contractor shall be the
equivalent of 75 percent of the Contractor’s reasonable cost
of the materials and Plant delivered to the Site, as
determined by the Engineer after review of the documents
listed in sub-paragraph (a) (iv) above;
c) The amount to be debited to the Contractor for any materials
and Plant incorporated into the Permanent Works shall be
equivalent to the credit previously granted to the Contractor
for such materials and Plant pursuant to Sub-Clause (b)
above, as determined by the Engineer; and
Ethiopian Roads Authority
d) The currencies in which the respective amounts shall be
credited or debited as set forth above shall be determined by
Page 5.41
the Engineer
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
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SUB-CLAUSE 60.4
PLACE OF
PAYMENT
Payments to the Contractor by the Employer shall be made in
the currencies in which the Contract Price is payable into a bank
account or accounts nominated by the Contractor.
SUB-CLAUSE 60.5
RETENTION
MONEY
A retention amounting to the percentage stipulated in the
Appendix to Bid of the amounts due in each currency,
determined in accordance with the procedure set out in SubClause 60.1 (i) shall be made by the Engineer in the first and
following Interim Payment Certificates.
SUB-CLAUSE 60.6
PAYMENT OF
RETENTION
MONEY
Upon the issue of the Taking-Over Certificate with respect to
the whole of the Works, one half of the Retention Money, or
upon the issue of a Taking-Over Certificate with respect to a
Section or part of the Permanent Works only such proportion
thereof as the Engineer determines having regard to the relative
value of such Section or part of the Permanent Works, shall be
certified by the Engineer for payment to the Contractor. The
Contractor may substitute the remaining retention money with
an on-demand bank guarantee in a form, and from a source,
acceptable to the Employer.
Upon the expiration of the Defects Liability Period for the
Works, the other half of the Retention Money shall be certified
by the Engineer for payment to the Contractor (or return of the
remaining security, which replaced the Retention Money).
Provided that, in the event of different Defects Liability Periods
being applicable to different Sections or parts of the Permanent
Works pursuant to Clause 48, the expression “expiration of the
Defects Liability Period” shall, for the purposes of this subclause, be deemed to mean the expiration of the latest of such
periods.
Provided also that if at such time, there shall remain to be
executed by the Contractor any work instructed, pursuant to
Clauses 49 and 50, in respect of the Works, the Engineer shall
be entitled to withhold certification until completion of such
work of so much of the balance of the Retention Money as shall,
in the opinion of the Engineer, represent the cost of the work
remaining to be executed.
Page 5.42
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SUB-CLAUSE 60.7
ADVANCE
PAYMENT
Section 5
Part II – Conditions of Particular Application
a) Up on the request of the Contractor, the Employer will make
an interest-free advance payment to the Contractor
exclusively for the costs of mobilization in respect of the
Works in an amount, payable in the proportions of foreign
and local currencies of the Contract Price not exceeding the
amount stated in the Appendix to Bid.
Payment of such advance amount will be due under separate
certification by the Engineer after (a) execution of the Form
of Agreement by the parties hereto; (b) provision by the
Contractor of the performance security in accordance with
Sub-Clause 10.1; and (c) provision by the Contractor of an
unconditional bank guarantee in a form and by a bank
acceptable to the Employer in amounts and currencies equal
to the advance payment. Such bank guarantee shall remain
effective until the advance payment has been repaid pursuant
to the paragraph below, but the amount thereof shall be
progressively reduced by the amount repaid by the
Contractor as indicated in Interim Payment Certificates
issued in accordance with this Clause.
(b)In addition to the advance mentioned in Sub-para (a) above,
the Employer will pay another interest free advance against
key construction equipment required for the work and
brought to site, if so requested by the Contractor subject to
the same terms and conditions specified in paragraphs (a)
above. The maximum of such advance shall be five percent
of the Contract price. In case of new equipment, the
advance shall be limited to ninety percent of the price of
such new plant and equipment, by the Contractor for which
the Contractor shall produce satisfactory evidence. In case
of used equipment, the amount of such advance shall be
limited to ninety percent of the depreciated value of
equipment as may be determined by the Engineer. This
advance shall be further subject to the condition that (i)
such equipment are considered by the Engineer to be
necessary for the works, (ii) such equipment are in working
order, and (iii) such equipment shall be on site without any
delay.
c) The advance payment shall be repaid through percentage
deductions from the interim payments certified by the
Ethiopian Roads Authority
Page 5.43
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Engineer in accordance with this Clause. Deductions shall
commence in the next Interim Payment Certificate following
that in which the total of all interim payments certified to the
Contractor has reached the percentage of the Contract Price
stipulated in the Appendix to Bid less Provisional Sums, and
shall be made at the rate stated in the Appendix to Bid of the
amount of all Interim Payment Certificates in the types and
proportionate amounts of currencies of the advance payment
until such time as the advance payment has been repaid;
always provided that the advance payment shall be
completely repaid prior to the time when 80 percent of the
Contract Price has been certified for payment.
SUB-CLAUSE 60.8
TIME FOR
PAYMENT AND
INTEREST
a) The amount due to the Contractor for any advance payment shall
be paid within 56 days of a satisfactory application for the same.
b) The amount due to the Contractor under any Interim or Final
Payment Certificate issued by the Engineer pursuant to this
Clause, or to any other term of the Contract, shall, subject to
Clause 47, be paid by the Employer to the Contractor as follows:
i.
i) In the case of Interim Payment Certificates, within 56
days
after the Contractor's monthly statement has been
submitted to the Engineer for certification, pursuant to SubClause 60.1, provided that if the Engineer's Interim
Certificate has not been issued within said 56 days, the
Employer shall pay the amount shown in the Contractor's
monthly statement and that any discrepancy shall be added
to, or deducted from, the next payment to the Contractor;
and
ii.
In the case of the Final Payment Certificate pursuant to SubClause 60.13, within 56 days after the Final Statement and
written discharge have been submitted to the Engineer for
certification; and
(c) In the event of the failure of the Employer to make payment
within the
times stated, the Employer shall pay to the
Contractor interest compounded monthly at the rate(s)
stated in the Appendix to Bid upon all the sums unpaid
from the date upon which the same should have been paid,
in the currencies in which the payments are due. The
provisions of this Sub-Clause are without prejudice to the
Contractor's entitlement under Clause 69 or otherwise."
Page 5.44
Ethiopian Roads Authority
Standard Bidding Documents
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Section 5
Part II – Conditions of Particular Application
SUB-CLAUSE 60.9
CORRECTION OF
CERTIFICATES
The Engineer may by any Interim Payment Certificate make any
correction or modification in any previous Interim Payment
Certificate, which has been issued by him, and shall have
authority, if any work is not being carried out to his satisfaction,
to omit or reduce the value of such work in any Interim Payment
Certificate.
SUB-CLAUSE 60.10
STATEMENT AT
COMPLETION
Not later than 84 days after the issue of the Taking-Over
Certificate in respect of the whole of the Works, the Contractor
shall submit to the Engineer a Statement at Completion in the
number of copies specified in the Appendix to Bid with
supporting documents showing in detail, in the form approved
by the Engineer,
a) The final value of all work done in accordance with the
Contract up to the date stated in such Taking-Over
Certificate;
b) Any further sums which the Contractor considers to be due;
and
c) An estimate of amounts, which the Contractor considers,
will become due to him under the Contract.
Estimated amounts shall be shown separately in such Statement
at Completion.
The Engineer shall certify payment in
accordance with Sub-Clause 60.2.
SUB-CLAUSE 60.11
FINAL STATEMENT
Not later than 56 days after the issue of the Defects Liability
Certificate pursuant to Sub-Clause 62.1, the Contractor shall
submit to the Engineer for consideration a draft final statement
in the number of copies stipulated in the Appendix to Bid with
supporting documents showing in detail, in the form approved
by the Engineer,
a) The value of all work done in accordance with the Contract;
and
b) Any further sums which the Contractor considers to be due
to him under the Contract or otherwise.
Ethiopian Roads Authority
Page 5.45
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Standard Bidding Documents
For Roadwork Contracts ICB – 2002
If the Engineer disagrees with or cannot verify any part of the
draft final statement, the Contractor shall submit such further
information as the Engineer may reasonably require and shall
make such changes in the draft as may be agreed between them.
The Contractor shall then prepare and submit to the Engineer the
final statement as agreed (for the purposes of these Conditions
referred to as the “Final Statement”).
If, following discussions between the Engineer and the
Contractor and any changes to the draft final statement which
may be agreed between them, it becomes evident that a dispute
exists, the Engineer shall deliver to the Employer an Interim
Payment Certificate for those parts of the draft final statement, if
any, which are not in dispute. The dispute shall then be settled
in accordance with Clause 67. The Final Statement shall be
agreed upon settlement of the dispute.
SUB-CLAUSE 60.12
DISCHARGE
Upon submission of the Final Statement, the Contractor shall
give to the Employer, with a copy to the Engineer, a written
discharge confirming that the total of the Final Statement
represents full and final settlement of all monies due to the
Contractor arising out of or in respect of the Contract. Provided
that such discharge shall become effective only after payment
due under the Final Payment Certificate issued pursuant to SubClause 60.13 has been made and the performance security
referred to in Sub-Clause 10.1 has been returned to the
Contractor.
SUB-CLAUSE 60.13
FINAL PAYMENT
CERTIFICATE
Within 28 days after receipt of the Final Statement, and the
written discharge, the Engineer shall deliver to the Employer
(with a copy to the Contractor) a Final Payment Certificate
stating
a) The amount which, in the opinion of the Engineer, is finally
due under the Contract or otherwise, and
b) After giving credit to the Employer for all amounts
previously paid by the Employer and for all sums to which
the Employer is entitled, other than under Clause 47, the
balance, if any, due from the Employer to the Contractor or
from the Contractor to the Employer as the case may be.
Page 5.46
Ethiopian Roads Authority
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SUB-CLAUSE 60.14
CESSATION OF
EMPLOYER’S
LIABILITY
Section 5
Part II – Conditions of Particular Application
The Employer shall not be liable to the Contractor for any
matter or thing arising out of or in connection with the Contract
or execution of the Works, unless the Contractor shall have
included a claim in respect thereof in his Final Statement and
(except in respect of matters or things arising after the issue of
the Taking-Over Certificate in respect of the whole of the
Works) in the Statement at Completion referred to in SubClause 60.10.
REMEDIES
SUB-CLAUSE 63.1
DEFAULT OF
CONTRACTOR
Delete the last paragraph of this sub-clause and substitute:
SUB-CLAUSE 63.2
VALUATION AT
DATE OF
EXPULSION
Modify the heading of Sub-Clause 63.2 by substituting
“Valuation at Date of Expulsion” for “Valuation at Date of
Termination”. In Sub-Clause 63.2, delete the word “termination
on the second and fifth lines and substitute “expulsion”.
Ethiopian Roads Authority
“then the Employer may, after giving 14 days’ notice to the
Contractor, enter upon the Site and expel the Contractor
therefrom without thereby voiding the Contract, or releasing the
Contractor from any of his obligations or liabilities under the
Contract, or affecting the rights and powers conferred on the
Employer or the Engineer by the Contract, and may himself
complete the Works or may employ any other contractor to
complete the Works. The Employer or such other contractor
may use for such completion so much of the Contractor’s
Equipment, Plant, Temporary Works, and materials, which have
been deemed to be reserved exclusively for the execution of the
Works, under the provisions of the Contract, as he or they may
think proper, and the Employer may, at any time, sell any of the
said Contractor’s Equipment, Temporary Works, and unused
Plant and materials, and apply the proceeds of sale in or towards
the satisfaction of any sums due or which may become due to
him from the Contractor under the Contract.”
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For Roadwork Contracts ICB – 2002
SUB-CLAUSE 63.3
PAYMENT AFTER
EXPULSION
Modify the heading of Sub-Clause 63.3 by substituting
“Payment after Expulsion” for “Payment after Termination”.
In Sub-Clause 63.3, delete the words “terminates the
Contractor’s employment” on the first line and substitute “shall
enter and expel the Contractor”.
SUB-CLAUSE 63.4
ASSIGNMENT OF
BENEFIT OF
AGREEMENT
In Sub-Clause 63.4, delete the word “termination” on the second
line, and substitute “expulsion”.
SUB-CLAUSE 63.5
CORRUPT OR
FRAUDULENT
PRACTICES
If in the judgment of the Employer the Contractor has engaged
in corrupt or fraudulent practices, in competing for or in
executing the Contract, then the Employer may, after having
given 14 days notice to the Contractor, terminate the
Contractor’s employment under the Contract and expel him
from the Site, and the provisions of Clause 63 shall apply as if
such expulsion had been made under Sub-Clause 63.1.
For the purpose of this sub-clause:
“Corrupt practice” means the offering, giving, receiving or
soliciting of any thing of value to influence the action of a
public official in the procurement process or in contract
execution.
“Fraudulent practice” means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the Borrower, and includes collusive
practice among bidders (prior to or after bid submission)
designed to establish bid prices at artificial non-competitive
levels and to deprive the Borrower of the benefits of free and
open competition.”
SPECIAL RISKS
SUB-CLAUSE 65.2
SPECIAL RISKS
Page 5.48
Amend Sub-Clause 65.2 to read as follows: “The Special Risks
are the risks defined under para. (a), sub-paragraphs (i) to (v) of
Sub-Clause 20.4.”
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
SUB-CLAUSE 65.4
PROJECTILE,
MISSILE
Section 5
Part II – Conditions of Particular Application
Delete “whenever and wherever occurring” in line 2 and add
“on or near the site” after “explosive of war” in line 3.
SETTLEMENT OF DISPUTES
SUB-CLAUSE 67.1
SETTLEMENT OF
DISPUTES
Add to Sub-Clause 67.1
"The procedure for settlement of disputes is stipulated in the
Appendix to Tender. Section 12 of the Tendering Documents
shall be incorporated in and be part of these Conditions of
Particular Application."
NOTICES
SUB-CLAUSE 68.2
NOTICE TO
EMPLOYER AND
ENGINEER
For the purposes of this Sub-Clause, the addresses are those
specified in the Appendix to Bid.
DEFAULT OF EMPLOYER
SUB-CLAUSE 69
DEFAULT OF
EMPLOYER
In Sub-Clauses 69.1, 69.4 and 69.5, substitute “Sub-Clause
60.8” for “Sub-Clause 60.10”.
SUB-CLAUSE 69.1
DEFAULT OF
EMPLOYER
Delete paragraph (b) and substitute the following:
Ethiopian Roads Authority
“ (b) Interfering with or obstructing or refusing any
required approval to the issue of any such certificate,
except that the acts of the Employer set out in Sub
Page 5.49
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Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Clause 2.1 hereof shall not be construed as such
interference, obstruction or refusal.”
Delete paragraph (d)
SUB-CLAUSE 69.3
PAYMENT ON
TERMINATION
Delete from ", but in addition to the payments specified...” to the
end of the Sub-Clause.
SUB-CLAUSE 69.4
CONTRACTOR’S
ENTITLEMENT TO
SUSPEND WORK
Add this paragraph:
Without prejudice to the Contractor’s entitlement to interest
under Sub-Clause 60.8 and to terminate under Sub-Clause 69.1,
the Contractor may suspend work or reduce the rate of work
within 56 days after notification by the Funding Agency to the
Employer’s government that the Funding Agency has suspended
disbursements from its loan or credit, which finances in whole
or in part the execution of the Works.
SUB-CLAUSE 69.5
RESUMPTION OF
WORK
Delete in line three “Sub-Clause 60.10” and substitute with
“Sub-Clause 60.8”.
SUB-CLAUSE 69.6
SUSPENSION OF
FUNDING
AGENCY’S LOAN
OR CREDIT
In the event the Funding Agency suspends the loan or credit
from which part of the payments to the Contractor are being
made:
(a) The Employer shall notify the Contractor, with copy to the
Engineer, of such suspension within 7 days of having
received the suspension notice from the Funding Agency,
provided (i) that the Employer shall state in such
notification whether sufficient funds in appropriate
currencies are expected to be available to the Employer to
continue making payments to the Contractor beyond a date
60 days after the date of the Funding Agency notification
of the suspension, and (ii) that, if such funds are not
expected to be available, the Employer shall immediately
instruct the Engineer to instruct the Contractor to suspend
the progress of the Works pursuant to Clause 40.1.
(b) If the Contractor has not received sums due to him upon
the expiration of the 14 days referred to in Sub-Clause 60.8
(a) (i) (B) for payments under Interim Certificates, the
Page 5.50
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
Contractor may without prejudice to the Contractor's
entitlement to interest under Sub-Clause 60.8 immediately
take one or both of the following actions, namely (i)
suspend work or reduce the rate of work, and (ii) terminate
his employment under the Contract by giving notice to the
Employer, with a copy to the Engineer, such termination to
take effect 14 days after the giving of the notice."
CHANGES IN COST AND LEGISLATION
SUB-CLAUSE 70
CHANGES IN COST
AND LEGISLATION
SUB-CLAUSE 70.1
PRICE
ADJUSTMENT
Delete Clause 70 in its entirety, and substitute:
SUB-CLAUSE 70.2
OTHER CHANGES
IN COST
To the extent that full compensation for any rise or fall in costs
to the Contractor is not covered by the provisions of this or other
Clauses in the Contract, the unit rates and prices included in the
Contract shall be deemed to include amounts to cover the
contingency of such other rise or fall of costs.
SUB-CLAUSE 70.3
ADJUSTMENT
FORMULAE
The adjustment to the Interim Payment Certificates in respect of
changes in cost and legislation shall be determined from
separate formulae for each of the currencies of payment and
each Bill of Quantities. The formulae will be of the following
type:
The amounts payable to the Contractor, in various currencies
pursuant to Sub-Clause 60.1, shall be adjusted in respect of the
rise or fall in the cost of labor, Contractor’s Equipment, Plant,
materials and other inputs to the Works by applying to such
amounts the formulae prescribed in this clause.
Pn= a + b Ln/Lo + c Mn/Mo + d En/Eo + etc.
Where:
Pn is a price adjustment factor to be applied to the amount in
each specific currency for the payment of the work carried out in
the subject month, determined in accordance with Sub-Clause
60.1 (d), and Sub-Clauses 60.1 (e) and (f), where such variations
and Daywork are not otherwise subject to adjustment;
Ethiopian Roads Authority
Page 5.51
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For Roadwork Contracts ICB – 2002
a is a constant, specified in the Appendix to Bid, representing
the nonadjustable portion in contractual payments;
b, c, d, etc., are weightings or coefficients representing the
estimated proportion of each cost element (labor, materials,
equipment usage, etc.) in the Works or sections thereof, net of
Provisional Sums, as specified in the Appendix to Bid;
Ln, Mn, En, etc., are the current cost indices or reference prices
of the cost elements in the specific currency for month “n”
determined pursuant to Sub-Clause 70.5, applicable to each cost
element; and
Lo, Mo, Eo, etc., are the base cost indices or reference prices
corresponding to the above cost elements at the date specified in
Sub-Clause 70.5.
If a price adjustment factor is applied to payments made in a
currency other than the currency of the source of the index for a
particular indexed input, a correction factor Zo/Z will be applied
to the respective component factor of Pn for the formula of the
relevant currency. Zo is the number of units of currency of the
country of the index, equivalent to one unit of the currency of
payment on the date of the base index, and Z is the
corresponding number of such currency units on the date of the
current index.
SUB-CLAUSE 70.4
SOURCES OF
INDICES AND
WEIGHTINGS
The sources of indices shall be those listed in Appendix to Bid,
as approved by the Engineer. Indices shall be appropriate for
their purpose and shall relate to the Contractor's proposed source
of supply of inputs on the basis of which his Contract Price and
expected foreign currency requirements shall have been
computed. As the proposed basis for price adjustment, the
Contractor shall have submitted with his bid the tabulation of
Weightings and Source of Indices in the Appendix to Bid, which
shall be subject to approval by the Engineer.
SUB-CLAUSE 70.5
BASE, CURRENT
AND PROVISIONAL
INDICES
The base cost indices or prices shall be those prevailing on the
day 28 days prior to the latest date for submission of bids.
Current indices or prices shall be those prevailing on the day 28
days prior to the last day of the period to which a particular
Page 5.52
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
Interim Payment Certificate is related. If at any time the current
indices are not available, provisional indices as determined by
the Engineer will be used, subject to subsequent correction of
the amounts paid to the Contractor when the current indices
become available.
SUB-CLAUSE 70.6
ADJUSTMENT
AFTER
COMPLETION
If the Contractor fails to complete the Works within the time for
completion prescribed under Clause 43, adjustment of prices
thereafter until the date of completion of the Works shall be
made using either the indices or prices relating to the prescribed
time for completion, or the current indices or prices, whichever
is more favorable to the Employer, provided that if an extension
of time is granted pursuant to Clause 44, the above provision
shall apply only to adjustments made after the expiry of such
extensions of time.
SUB-CLAUSE 70.7
WEIGHTINGS
The weightings for each of the factors of cost given in the
Appendix to Bid shall be adjusted if, in the opinion of the
Engineer, they have been rendered unreasonable, unbalanced or
inapplicable as a result of varied or additional work already
executed or instructed under Clause 51 or for any other reason.
SUB-CLAUSE 70.8
SUBSEQUENT
LEGISLATION
If, after the date 28 days prior to the latest date for submission of
bids for the Contract, there occur in the country in which the
Works are being or are to be executed changes to any National
or State Statute, Ordinance, Decree, or other Law or any
regulation or by-law of any local or other duly constituted
authority, or the introduction of any such State Statute,
Ordinance, Decree, Law, regulation or by-law which causes
additional or reduced cost to the Contractor, other than under the
preceding sub-clauses of this clause, in the execution of the
Contract, such additional or reduced cost shall, after due
consultation with the Employer and the Contractor, be
determined by the Engineer and shall be added to or deducted
from the Contract Price and the Engineer shall notify the
Contractor accordingly, with a copy to the Employer.
Notwithstanding the foregoing, such additional or reduced cost
shall not be separately paid or credited if the same shall already
have taken into account in the indexing of any inputs to the
Price Adjustment Formulae in accordance with the provisions of
Sub-Clauses 70.1 to 70.7.
Ethiopian Roads Authority
Page 5.53
Section 5
Part II – Conditions of Particular Application
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
CURRENCY AND RATES OF EXCHANGE
SUB-CLAUSE 72.2
CURRENCY
PROPORTIONS
Amend Sub-Clause 72.2 as follows:
Delete the words from " Central Bank of the country in which
the Works are to be executed" and substitute the following:
"source stated in the Appendix to Bid.”
After “prevailing”, insert “for similar transactions”.
ADDITIONAL CLAUSES
SUB-CLAUSE 73.1
FOREIGN
TAXATION
The prices bid by the Contractor shall include all taxes, duties,
and other charges imposed outside the Employer’s country on
the production, manufacture, sale, and transport of the
Contractor’s Equipment, Plant, materials, and supplies to be
used on or furnished under the Contract, and on the services
performed under the Contract.
SUB-CLAUSE 73.2
LOCAL TAXATION
The prices bid by the Contractor shall include all customs
duties, import duties, business taxes, and income and other taxes
that may be levied in accordance with the laws and regulations
in being on the date 28 days prior to the latest date for
submission of bids in the Employer’s country on the
Contractor’s Equipment, Plant, materials, and supplies
(permanent, temporary, and consumable) acquired for the
purpose of the Contract and on the services performed under the
Contract. Nothing in the Contract shall relieve the Contractor
from his responsibility to pay any tax that may be levied in the
Employer’s country on profits made by him in respect of the
Contract.
Page 5.54
Ethiopian Roads Authority
Standard Bidding Documents
For Roadwork Contracts ICB – 2002
Section 5
Part II – Conditions of Particular Application
SUB-CLAUSE 73.3
INCOME TAXES ON
STAFF
The Contractor’s staff and labor will be liable to pay personal
income taxes in the Employer’s country in respect of such of
their salaries and wages as are chargeable under the laws and
regulations for the time being in force, and the Contractor shall
perform such duties in regard to such deductions thereof as may
be imposed on him by such laws and regulations.
SUB-CLAUSE 74.1
ILLEGAL
PAYMENTS
If the Contractor, or any of his Subcontractors, agents or
servants gives or offers to give any person any payment, gift,
gratuity or commission as an inducement or reward for doing or
forbearing to do any action in relation to the Contract or any
other contract with the Employer, or for showing or forbearing
to show favor or disfavor to any person in relation to the
Contract or to any other contract with the Employer, the
Employer may enter upon the Site and the Works and expel the
Contractor and the provisions of Clause 63 hereof shall apply as
if such entry and expulsion had been made pursuant to that
clause.
SUB-CLAUSE 75.1
TERMINATION OF
CONTRACT FOR
EMPLOYER’S
CONVENIENCE
The Employer shall be entitled to terminate this Contract at any
time for the Employer’s convenience after giving 56 days’ prior
notice to the Contractor, with a copy to the Engineer. In the
event of such termination, the Contractor
a) Shall proceed as provided in Sub-Clause 65.7; and
b) Shall be paid by the Employer as provided in Sub-Clause
65.8.
SUB-CLAUSE76.1
RESTRICTIONS
ON ELIGIBILITY
a) Any Plant, materials, or services which will be incorporated
in or required for the Works, as well as the Contractor’s
Equipment and other supplies, shall have their origin in any
of the countries and territories eligible under the Guidelines
of the Funding Agency if such requirement is stipulated in the
Agency’s Guide line
b) For the purposes of this clause, “origin” means the place
where the materials and equipment were mined, grown,
produced, or manufactured, or from which the services are
provided.
c) The origin of Goods and Services is distinct from the
nationality of the Supplier.
Ethiopian Roads Authority
Page 5.55
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SUB-CLAUSE 77.1
JOINT AND
SEVERAL
LIABILITY
If the Contractor is a joint venture of two or more persons, all
such persons shall be jointly and severally bound to the
Employer for the fulfillment of the terms of the Contract and
shall designate one of such persons to act as a leader with
authority to bind the joint venture. The composition or the
constitution of the joint venture shall not be altered without the
prior consent of the Employer.
SUB-CLAUSE 78.1
IMPORTATION AND
USE OF
DANGEROUS
MATERIALS
The Contractor and his subcontractors shall in the conveyance,
handling, storage and use of all dangerous materials such as
explosives, detonators, petroleum, acetylene, oxygen, calcium
carbide, radioactive materials, etc., comply with and adhere
strictly to in all respects with the Laws of the Federal
Democratic Republic of Ethiopia.
Explosives and Blasting
Page 5.56
(a)
No explosives of any kinds shall be used without the
prior consent, in writing by the Engineer. Once this
consent is granted, the Contractor shall be solely
responsible for obtaining, handling, transporting,
storing, accounting for using, and disposal of surplus
detonators, fuels, bulk explosives and other things
associated with blasting, and for complying in all
respect with the Laws of the Federal Democratic
Republic of Ethiopia, and shall save the Employer
and the Engineer harmless from all consequences
whatsoever arising out of the consent so given by the
Engineer.
(b)
The Contractor shall at all times take every possible
precaution and shall conform with the appropriate
laws and regulations relating to the importation,
handling, transportation, storage and use of
explosives and shall at all times when engaged in
blasting operations post sufficient warning flagmen,
watchmen and barricades to the full satisfaction of
the Engineer and arrange the timely clearance of
debris. On any work requiring the use of explosives,
the Contractor shall employ men experienced in
blasting and these men must be in position of a
current blasting certificate.
Ethiopian Roads Authority
Standard Bidding Documents
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Section 5
Part II – Conditions of Particular Application
(c)
The Contractor shall at all times liaise with and
inform well in advance and obtain such permission
as is required from all government authorities, public
bodies and private parties whatsoever concerned or
affected or likely to be concerned or affected by
blasting operations.
(d)
The Contractor shall be solely responsible to provide,
supply, handle, store and transport all explosives
ancillary materials and stores and all other things of
every kind whatsoever required for blasting
operations and shall not delegate or sub-contract
these activities.
(e)
Before the beginning of the Defects Liability Period
the Contractor shall remove all unused explosives
from the site on completion of the Works or when
ordered by the Engineer, and shall submit written
confirmation of compliance with this instruction to
the Engineer.
SUB-CLAUSE 79.1
DETAILS TO BE
CONFIDENTIAL
The Contractor shall treat the details of the Contract as private and
confidential, save insofar as may be necessary for the purposes
thereof, and shall not publish or disclose the same or any
particulars thereof in any trade or technical paper or elsewhere
without the previous consent in writing of the Employer or the
Engineer. If any dispute arises as to the necessity of any publication
or disclosure for the purpose of the Contract the same shall be
referred to the Employer whose determination shall be final.
SUB-CLAUSE 80.1
OFFICIAL
VISITORS
The Contractor shall at all times when authorised by the Engineer
give free and undisputed access and all facilities to any authorised
employee of the Government or other authorised person wishing to
view or inspect any part of the Site or Works or the materials
therein.
SUB-CLAUSE 81.1
LEGAL
PROVISIONS
The Contractor shall keep himself fully conversant with the latest
enactments, provisions and regulations of all legislative and
statutory bodies, and, in all respects and at all times, shall comply
with such enactment, provisions and regulations in regard to
executing the contract.
Ethiopian Roads Authority
Page 5.57